RE. EXPLOITATION OF CHILDREN IN ORPHANAGES IN THE STATE OF TAMIL NADU versus UNION OF INDIA & ORS.

RE. EXPLOITATION OF CHILDREN IN ORPHANAGES IN THE STATE OF TAMIL NADU versus UNION OF INDIA & ORS.

States and Union Territories are constitutionally and statutorily obliged to fully implement protective measures for children, including operationalizing State Commissions for Protection of Child Rights, framing necessary rules, appointing requisite officials, and registering child welfare institutions. Continued inaction is unacceptable and requires further mandatory directions.

Parties
Petitioner: RE. Exploitation of Children in Orphanages in the State of Tamil Nadu; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
16 December 2013
Procedural Posture
Writ Petition (criminal) / Order
Outcome
Further mandatory directions issued to ensure compliance.
Legal Topics
Implementation of Protective Statutes, Establishment and Constitution of Child Protection Commissions, Compliance With Supreme Court Directions, State Obligations Under Constitution Regarding Child Welfare
Child Welfare Constitutional Law Human Rights Implementation of Protective Statutes Establishment and Constitution of Child Protection Commissions Compliance With Supreme Court Directions State Obligations Under Constitution Regarding Child Welfare

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Parties

RE. Exploitation of Children in Orphanages in the State of Tamil Nadu

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Order

Legal Issues

  1. 1 Non-compliance with Supreme Court directions regarding protection of children
  2. 2 Failure of States and Union Territories to establish and operationalize State Commissions for Protection of Child Rights
  3. 3 Absence of proper rules and regulations for child welfare institutions

Ratio Decidendi

States and Union Territories are constitutionally and statutorily obliged to fully implement protective measures for children, including operationalizing State Commissions for Protection of Child Rights, framing necessary rules, appointing requisite officials, and registering child welfare institutions. Continued inaction is unacceptable and requires further mandatory directions.

Court Disposition

Further mandatory directions issued to ensure compliance.

Orders

  • Chief Secretaries of all States and Union Territories to file affidavits within eight weeks, disclosing details regarding implementation of obligations under Protection of Children from Sexual Offences Act, 2012; Right of Children to Free and Compulsory Education Act, 2009; and Commission for Protection of Child...
  • Affidavits to include information on establishment and constitution of State Commissions, appointment of Chairperson/Members, framing of rules, designation of Special Courts, appointment of Special Public Prosecutors, registration status of institutions for children, and actions regarding unregistered institutions.